Author: numan
Can I claim for more than one vehicle?
The simple answer is yes. there is no limit on the number of vehicles you can claim for as long as they were financed.
Who can apply for a mis sold finance claim?
We can only act for residents of England or Wales.
1. Complete the online enquiry form
2. Client care / conditional fee documents sent to you
3. You check our terms and conditions and sign the same, which is sent back to us
4. A questionnaire is sent to you to complete to provide vehicle information
5. We contact the vehicle finance company/broker / dealer to obtain finance/commission information
Is hidden commission banned?
The FCA in June 2020 imposed an outright ban on commission linked to vehicle finance deals. The impact of this is that finance brokers will not be allowed to charge a commission based on the interest rate offered from 28th January 2021. It is estimated by the FCA that the ban they have imposed will save consumers in the region of £165 million a year.
How much is my claim worth?
From the FCA report it is estimated that the average amount of compensation for a mis-sold finance compensation claim could be in the region of £1,100. In some cases, the amount owed for such a compensation claim could be higher.
The exact amount recoverable will be dependent on the following factors:
- The size of the loan acquired. The higher the amount of the loan the more you will be able to claim.
- The interest rate you were quoted, and how much difference there is between the rate quoted and the rate you should have been quoted.
What evidence is required?
The burden of proof lies with the lender to show that in all aspects of the process of the sale of the vehicle and finance they have acted within the law. You could be entitled to claim compensation for mis-sold vehicle finance if you answer no to any of the following questions.
- Did the salesperson explain the finance deal they sold to you in sufficient detail?
- Did the salesperson present to you every finance option available, including explaining all of the differences in each type of finance deal
- Was the salesman completely transparent with the interest rates charged for all loan options and how each loan you could purchase may differ?
- Did the salesperson offer the best interest rate available to you?
- Did the salesperson convince you into purchasing a finance deal that was unaffordable?
- Did the salesperson clearly explain to you who was financially responsible for any repairs to the vehicle?
It is the dealership’s responsibility that to show they did all of the above. If the dealership cannot prove that they did all of the above, you will be eligible to claim compensation for the mis-sold finance agreement.
Should you be unsure about any of the questions above, we will review your agreements and inform you as to whether you can claim.
Hidden Commission and Secret Commission
In the process of completing the investigation on your claim we will be able to decipher as to whether your finance deal contained hidden commission and/or secret commission.
The FCA 2019 report has shown that numerous vehicle finance companies have included hidden commission and secret commission in finance deals offered to consumers.
Hidden Commission
You may be able to claim compensation for a mis-sold vehicle finance deal if you believe that commission was hidden from you in the finance deal.
In vehicle finance – hidden commission is where the dealership/salesperson sells you a finance agreement from a lender.
If the dealership/salesperson received commission for delivering the vehicle finance deal to the lender, and the lender did not inform you of the commission then that is a hidden commission. You were not expressly informed about the commission the dealership/salesperson received as a result of you opting into the finance agreement. The lender must inform its consumers of every fee within the transaction.
The dealership should have informed you at the point of the vehicle sale how much the commission was they would receive as a result of you purchasing the finance agreement. If the dealership failed to do this, it is fraud. The liability for the mis-sold vehicle finance may then lie with the finance provider and the finance broker.
Secret commission
In the FCA’s official report they have shown that some vehicle finance providers/lenders have concealed the existence of any commission offered by their brokers. In the FCA’s investigation in relation to the mis-selling of PCP finance agreements, they found that:
Only 11 out of the 122 dealerships visited by mystery shoppers confirmed that commission will be added to this type of deal. The remaining 111 dealerships did not disclose whether the commission would be added to the mystery shoppers’ finance deal.
Which vehicles are eligible?
If you have then you may be eligible to claim mis sold finance compensation where the dealership did not disclose that they were receiving a commission for arranging your finance agreement with the finance provider/lender. If you were not informed about the commission the dealership/salesperson would receive, you could be owed compensation.
Both the dealership and the lender were obligated to be transparent and inform you of the commissions paid to the dealership/salesperson. If you were mis-sold the vehicle finance it would actually have been you who was paying the commission by the way it was applied in the finance deal and due the non-disclosure of the commission.
We will review your agreement and inform you as to whether you have been mis-sold finance and if the commission in relation to your agreement was wrongly manipulated. We will inform you as to amount you could be owed in compensation if we find evidence of this manipulation in your agreement.
If you cannot locate your agreement or cannot recall who the lender or leadership was this is not would prevent you from claiming potential compensation. We can locate the agreement by having just the name of the lender or dealership to who the finance payments were made to. The name of the lender or dealership can be found on your bank statements that you will be able to access online.
Companies must also retain customer transactions and contractual agreements for up to six years as required by law. Also, as per the Money Laundering Regulations (MLR) 2017, records of a particular transaction, either as an occasional transaction or within a business relationship, must be kept for five years after the date the transaction is completed. All other documents supporting records must be kept for five years after the completion of the business relationship. The MLR 2017 is applicable to all businesses.
What are your Fees?
Versus Law Solicitors operates on a no win no fee basis.
Essentially, this is a way of funding litigation. The actual name of this agreement is a conditional fee agreement, which means that fees are charged to you conditionally, being if you win your claim. If your claim is successful, then we are entitled to charge a success fee and also charge you (from your damages) for any unrecovered costs and disbursements. This is not open-ended, and by instructing us we promise not to deduct more than £1000 plus vat or 35% plus vat, whichever is greater of any damages awarded to you. Cases such as this can be extremely complicated and costly to run, and we believe that our charges are extremely competitive.
If your case is unsuccessful, you pay us nothing.
A Ali
Versuslaw especially Anita Craig helped so kindly from 2018 for pia delay flight claim which was showing possible but Ms Anita Craig proved it again that versus law can do it. Thank you will use again and recommend 100percent.
Understanding the Four Types of Property Trusts
Understanding the intricacies of property trusts is crucial. Among these, four distinct types stand out: Discretionary Trusts, Offshore Trusts, Possession Trusts, and Bare Trusts. Each of these trust structures offers unique benefits and drawbacks, tailored to different needs and circumstances.
Discretionary Trusts: Flexibility and Control for the Settlor
Discretionary trusts are characterised by the flexibility they offer the settlor – the individual who establishes the trust. In these trusts, the trustees hold and manage the trust property for the benefit of a group of beneficiaries. The key feature of discretionary trusts is that the trustees have the discretion to decide how the trust’s income and capital are distributed among the beneficiaries.
Advantages:
- Flexibility: Trustees can adapt to changes in beneficiaries’ circumstances.
- Asset Protection: Beneficial for high-risk professionals as assets in the trust are usually protected from creditors.
- Tax Planning: Potentially beneficial for tax planning, particularly with regards to inheritance tax.
Disadvantages:
- Complexity and Costs: They are complex to set up and manage, often incurring higher costs.
- Uncertainty for Beneficiaries: Beneficiaries have no guaranteed entitlement, which can create uncertainty.
- Tax Implications: The income and gains may be subject to higher rates of tax.
Read more about discretionary trusts.
Offshore Trusts: Global Asset Protection and Privacy
Offshore trusts are established outside the settlor’s country of residence. These are popular for their tax efficiency and privacy provisions.
Advantages:
- Tax Benefits: Can offer tax advantages, depending on the jurisdiction.
- Privacy: Generally provide a higher degree of confidentiality.
- Asset Protection: Useful for protecting assets from legal judgments in the settlor’s home country.
Disadvantages:
- Regulatory Scrutiny: Offshore trusts are often scrutinised by tax authorities.
- Costs: Setting up and maintaining an offshore trust can be expensive.
- Complexity: Managing international legal and tax issues requires expertise.
Read more about offshore trusts.
Possession Trusts: Holding Assets for Future Transfer
Possession trusts are designed to hold assets until a specific time or event, after which the assets pass to the beneficiary.
Advantages:
- Control over Asset Transfer: Allows the settlor to specify when and how assets are distributed.
- Estate Planning: Useful for estate planning, ensuring assets are passed on at the right time.
- Protection of Beneficiary Interests: Can protect the interests of young or vulnerable beneficiaries.
Disadvantages:
- Limited Flexibility: Less flexibility compared to discretionary trusts.
- Tax Implications: Potential for tax liabilities upon transferring assets.
- Legal Complexity: Requires careful drafting to ensure the trust operates as intended.
Bare Trusts: Simplicity and Transparency
Bare trusts are the simplest form of trust. In these trusts, the trustee holds the property for the benefit of a specific beneficiary who has an immediate and absolute right to both the capital and income of the trust.
Advantages:
- Simplicity: Easier to set up and understand.
- Direct Control for Beneficiaries: Beneficiaries have direct rights over the trust assets.
- Tax Transparency: Usually treated as ‘transparent’ for tax purposes, with income and gains taxed on the beneficiary.
Disadvantages:
- Limited Flexibility: No discretion for trustees; the beneficiary’s entitlement is fixed.
- Potential for Misuse: If the beneficiary is not capable of managing the assets responsibly.
- Limited Asset Protection: Assets are not protected from the beneficiary’s creditors.
In conclusion, selecting the right type of property trust depends on individual circumstances, objectives, and needs. It’s crucial to consider the various advantages and disadvantages of each type of trust, and seek professional advice to make informed decisions.
Discretionary Trusts offer great flexibility and asset protection but come with complexity and costs. Offshore Trusts provide tax benefits and privacy, yet face regulatory scrutiny and high maintenance costs. Possession Trusts are excellent for controlled asset transfer, but have limited flexibility and potential tax implications. Lastly, Bare Trusts stand out for their simplicity and tax transparency but offer limited flexibility and protection.
Effective estate planning and asset management require a deep understanding of these trust structures. Each type of trust serves specific purposes, catering to different aspects of asset protection, tax planning, and beneficiary care.
Want to set up a property trust? Need help? Contact us on our whatsapp number above or via our contact form.
Protecting Your Pension in a Divorce
Divorce is not just an emotionally draining process; it also involves the complex task of dividing assets between partners, with pensions being one of the most significant assets to consider. In the UK, the legal position regarding pensions in the event of a divorce is intricate and governed by specific regulations. Understanding these laws and knowing how to protect your pension rights can be crucial for your financial security post-divorce.
Legal Framework for Pension Division in the UK
Under UK law, pensions are considered marital assets, meaning they can be divided between spouses upon divorce. The process for dividing pensions is governed by the Welfare Reform and Pensions Act 1999, which introduced three main methods for dealing with pensions in divorce:
Pension Sharing: This is the most common approach, where a percentage of one partner’s pension is transferred into a pension in the other partner’s name. This effectively splits the pension benefits at the time of divorce, allowing each party to manage their portion independently.
Pension Offsetting: Here, the value of the pension is offset against other assets. For example, one partner may keep their entire pension, while the other receives a greater share of the home’s equity or other investments.
Pension Attachment (previously known as Earmarking): This method involves paying a portion of one partner’s pension to the other when it starts being drawn. Unlike pension sharing, the pension remains in the original holder’s name.
The choice among these methods depends on several factors, including the type of pension(s) involved, the financial needs and circumstances of both parties, and any agreements they may reach during the divorce proceedings.
Protecting Your Pension in a Divorce
Protecting your pension rights in a divorce involves careful planning and consideration of the legal options available. Here are some strategies to consider:
Pre-emptive Measures
Prenuptial and Postnuptial Agreements: Although not legally binding in the UK, these agreements can influence court decisions in divorce settlements, especially when it comes to the division of assets, including pensions.
Regular Pension Valuations: Keeping up-to-date records of your pension valuation can ensure a fair assessment of its worth during divorce proceedings.
During Divorce Proceedings
Seek Professional Advice: Consult with a financial adviser and a solicitor who specialise in divorce. They can provide invaluable guidance on how to protect your pension, considering both legal aspects and financial implications.
Consider Mediation: Mediation can help couples reach amicable agreements on dividing assets, including pensions, without the need for contentious court battles.
Understand the Value of Your Pension: It’s crucial to get a clear picture of the true value of your pension. This may involve obtaining a Cash Equivalent Transfer Value (CETV) for defined benefit pensions or an up-to-date statement for defined contribution pensions.
Explore All Options: Be open to negotiating other assets in lieu of pension rights if it makes financial sense for your future. Sometimes, retaining a home or receiving a lump sum may be more beneficial than a share of a pension.
Post-Divorce
Update Your Pension Details: After a divorce, ensure that your pension scheme is updated with any changes to your beneficiaries.
Monitor Your Pension: Keep a close eye on your pension investments and how they are managed, especially if part of your pension was shared with your ex-spouse.
Conclusion
Navigating the division of pensions in a UK divorce can be complex, but understanding your legal options and taking steps to protect your pension can mitigate financial losses. Early planning, seeking professional advice, and exploring all available options can help secure your financial future post-divorce. Remember, every divorce is unique, and what works for one situation may not be suitable for another. Therefore, personalised advice from legal and financial professionals is indispensable.